Page:1862-63 Territory of Dakota Session Laws.pdf/144

Rh Sec. 2. The issues on the calendar must be disposed of in the following order, unless upon the application of either party, for good cause, the court direct an indictment to be tried out of its order:

1. Indictments for felony, where the defendant is in custody.

2. Indictments for misdemeanor, where the defendant is in custody.

3. Indictments for ſelony, where the defendant is on bail; and,

4. Indictments for misdemeanor, where the defendant is on bail.

Sec. 3. After his plea the defendant is entitled to at least four days to prepare for his trial, 'if he requires it.

Sec. 4. The clerk must keep a register of all the criminal actions in the court, in which he must enter:

1. All cases returned to the court by a magistrate, whether the defendant be discharged or held to answer.

2. All indictments found in the court, or sent or removed thereto for trial, with the time of finding the indictinent, or when it was sent or removed; and,

3. The time of arraignment of the demurrer, or plea, and of the trial, conviction or acquittal of the defendant, together with a brief note of all the other proceedings in the action.

Sec. 5. The register must be submitted to court at its opening at every term.

Section 1. When an indictment is called for trial, or at any time previous thereto, tho court may, upon sufficient cause shown by either party, direct the trial to be postponed to another day in the same term, or to another term; the affidavits read upon both sides upon the application must at the same time be filed with the clerk.